The Sun. — London, England, 1810-08-10 00:00:00

;_) if. COURT OF' CHANCERY, AvG. 9 KING V. WW . This was a Bill of - Discovery, filed by . Mr. Johti King, against Ge4 - a1 B , , under the •following . cirZminmances. In 1807 3 n advert isement appeared in,;(-V - er,ll Papers, with, the address of :Mrs. Morris, of Margaret-street, .Cavend'4l-,qua , re, ottering the services of the Llrly Advertiser ; to bring Gentle men and Ladies together for tm.l4i.notrial kurpoSes: In consequence of this' . advertsernerit the Gene ral called.upon 'Mrs. M. and was by her introduced to Mr. King, it having been agreed that 'upon his. (the General's) . union with a certain' Lady pos sessed of 15.101. per ai.num t he should recom-- -Fence Mrs. with five .sum of-30001. as a.doo cerir for her conveniency. After this introduction, entertainments - were:given. at Mrs. King's house, - to which the General - was invited to meet - a numberof Ladies, but the'General being diffiguli in choice, the negotiation broke off. Nlr. King afterwards brou / ght, ll his anion in•the King's. Beth t ; ,.o..rweotrer 4001. al leged to be expended in treats, lo the Gene= ral pleaded that he had made no prow ise to pay for the erit / ertainments. In that "a6tion Mr. King was nonsuited, and be now tiled ct Bill.. Sir SAMUEL ROMILLY was.about -to address the Court for defendant ; but the Lord , CICANCEbLOR informed the Learned Gentleman, that. in- the pre sent stage of the busine t s 11 -would not be necessary. He would hear the Council for the Bill. •► Mr. HART expressed the difficulty he laboured under, from the.impr4s.sign , which his Lordship' eniertaitied of the ease. Notwithstanding be had heen driven' from a Court of Law, yet he trusted a Court of Equity would give his client relief.. . • Here the. L.)1113 CHANCELLOR .observed, that he could. not .for a moment allow the Learned Counsel to suppose, 11a-this court woultitend itself to sanc tion a transaction, which on the face of it contained so flagrant 3 Itreach of moral duty. The Bill must be dismissed.—riM, dismissed. COURT OF, KING'S MINCH, Atm. 6. A COMPOSITION 'SOLD FOR WINE. cUVIE V : DAY. This was an. a6tion..bronght to recover the - amount of the loss sustained by the 'defendant's not having •fuitigi• d .his -Contract the. plaintiff; the de= fendint having coutrade•l to sea 13 pipes 617 part vine, while the wine, delivered was not port Wine; bt. - W of a 'very interior quality. Tire A.TTORN Y GEN 141. A G. stated the -con t rat t:—• 1 1 ilp , 111 other asticles,_ he contracted to sell to the plaintiff t 3 pipes of port' tine, at 3,71. per•pipe; the plaintiff plying the duties. The wine was I,lot port wine, nor it taste like- it; but :was . a.composition called Guernsey red wine, which was not w=orth moreihan XBl. per pipe. 'He should prove; that-the defendant knew, when it was solid to the plaintiff as port wine, that it was nothing more 'than Guernsey red wine, he (the , defendant) having bought it as Such. The wine delivered was • a compositioti of every thig in the world -that was of a-land qua lily' and of a red hue ! He . contd. more "ea sly tell What. the - comeos . nhin was not, thin what it as.-- • S not ritd pcirt nor ..was, it any way like it eithtir in taste. or- qtiali-ly. It was 'imposJinte to tell what .it•wkis.;- and. in, that respect, it was something like the tar-tamed. spe. ific tar the gout,. called l' eat( nzetlicindle, the. ingtedieurs of Which ecu were unkikown to any person but •Ma nufaClurer •Theie was a difference, very probably, •;et weer l'eau medicinale and the Guernsey red-wine; the latter, more likely, •not having the - property of 'curing the gout ! • The contraa was then read,.. which called the 13 pipes of wine, port wine., Mr. Illrhoine, k'hroker,• deposed that he sold a y of the .same sort of wine tor the de:tendanr, to a Mr. Durnsey, as port wine.; which, on 're ceiving, he imme(!iately returned, finding it , to 'be 'nothing Mote than Guernsey- red,wme„whieh was, selling at that lime at 281. Witness understood that Mr. Corvie tasted the wine at the.docks,''before be bOught it. In answer t a question from Lord :Ellenbo, rough, the witnesa said the wine called Guernsey Tc j i wine W3s partly - French red wine, but altoge ther, it was such a mixture as he could not describe, though he w as quite ce' tain t that. there was no port wine among it. Mr. Reynolds, a wine-hroker,.examined the wine in question, at the request of Mr. Harboine, and found it to be wine of a very inferior quality, .and wine to s 4 hich he could . not 'give a. name r it as.Pf a nondescript •,st*Cies,.,though he a - knitted, it Arad all sorts of naines, souse h Guernsey red wine. • . . • , • . Lord ELLENI3OI3OTIGH—" If you were asked w! at Solt of wise you caPed that _sold to •the , what would - pp-say i" . . • Mr: R.—" Guermey'red wine." . • , • Lord E.—"lt you were asked ,whether pout wine, what would you say Mr. R.—"1 4 40•" : -, Mi - .'Rradley prOved that the wine in question waS part of some wine imported as Guernsey red wine; - and sold to Mr. Day as snit. • Lord ELLENBOROUGH Observed-, that the defend , ant-described the wine to be delivered to the plain tilt as " port wine ;" therefore he bad aright to as some it as such when he tented : it.;,and if the %gine delivered were not port wine, the defendant had.fuot fultilied. his conteact ; therefore the plaintiff was en titled to a verdict.. The Jury returned_ a verdi& for the plaintiff for 1171. being the difference between the prices of port wine and that delivered. _ Lord ELLENBOROU6II; - on learning that the plain tiff intended to , keep' the Guernsey red wine, ob served to the plaintiff's • Counsel, "- Oh, then you know what to do with- it." - HARDY V. PANTHER AND, SON. Thi's was an aEtlon to .recover 11081. 17s. id. the amount of- coffee sold, and delivered to the de fendants.. ii a i .poa:t..d, that the p; exposed to by pi,iblic•auction, great quantilies of cottee, - Garraway'3, the- 2pit. ot Nlity la t,, aid tha,l the - ! detendan . put clia-ed 11 lots ut datthiga ,cp4l - e, at such sak. Mr. likhop, the broker who sold the cotT.'e in question, atkuovvledged that inquiries were made at :the time of the. sal-, to know whether any iof the bags of . d.imaged - coffee had. been repa,.ke4 a and thai he_answeKed, he: dui not knOw—ne l4ti v W no thing about them—that he sold ttiL•tn With all t nljs, gave ,no warranty, and that the buyers must' tee them as the found them, the - goods being sold for •the'peAufit Of underwri•ers—they n fight give what they preased for the goods, but they couid not war...- rant them. The cotf,'e was warehoused in the Wes - t. India Dock Company's warehouses, who, on the back of the receipts which they gave, had cliarg ed,'as specified on the backs of said recepts, a sum of tidl. altogether for neviib-igs to repack the da maged coffee, and witness _had paid that money tor such•new bags and repackages. The ATTORNEY-GENBR L, on the part of the de fendants, hereini:..rp , :sed. He , subMitted , tliat the 'plaintiff must be non-suited, as their accredited agent . had sold goods that : had been repacked, and for which_repacking 'he had paid the'Vest..ludis Dock' Company while he stated to the buyers, when asked if the coffee were in the old bags, Pat he ditt.inot know of its being repacksl. Damaged-cotlee; re-' packed, w4s not worm giove two-thirds of wh4t it is When in the old hags, and that, too, for:this kea ;--:\Niijerl coffee, damaged. by the . , spa; re tnained in the old bar, there was a very great chance of finding a great:portion of it nut dainag-;, ed, the sea having very probably only atfected the corners of the packages but it on the-contrary, this cofee, was repacked, it got so mixed by :the operatiop„, that it . was - next to iinpo,Sible to separ ate-the good from.the.dativ,g, d. That accounted for the. deprecia awl, in value of damaged coffee when re packed. - Mr. GARROW contended, on the part of the plain tiff; that the sale was such as ought to be effectual; fur the Broker had.said, that 'he did not know at trre . ir being repacked, and bold the persons pre. 'sent' At the, sale that they might give' what they pl, asrd tor the.goods,. btit that he would ttot.warratit them. •- - 140(d EI.I.,ENItOROLIGH observed, that it was al wayis to be presudied, that a !man I:tiew what it was his i>usioess to•know where he had adequate means Uts power to.,abtain such•kitowledge. In the pre -tienti instance, it was the ,Broker's busineSs to know it ally of tk)e damaged coffee was repacked, • and he had the means in hispower• of obtaining such inter itotton,. for he had antecedently to the sale, paid for the repackages, ; The. Broker bad inadvertently i'nfOrrned the buyers that he did not know of any repackages, 'and by that improvident observation, induced,. per4ons to . . buy at a price which, under other cirotanstattecs, .they would not havtl agreed to givtt. . The plaintiff was adconlingly non-suited. CARVALA V MARTENS AND CO. This was .an action in trover, to recover the amount of. one hundred bags of cotton wool, con signed by one Gonies, a inercbant in the Brazils, to" the plaintiff: The ATTORNE . Y-GE' NERAL stated the case, Ir was peculiarly hard on the plaintiff,. because he was a young man who had just commenced business as ,a merchant. The bill of lading was then read, by which is appeared that Louis the Captain of the galley Dois Amigos (the Two Friends), had taken on board the one hundred bags of cotton wool in .question, which he engaged to deliver to the plain tiff, if' he were in London ; and if the plaintiff were not in London, then to be delivered to the house of the defendants. The goods arrived, but the defen dants house entered them at the Custom-house, and afterwards sold them, though the defendants knew that the plaintiff was then resident in London, and that he had previously entered the goods. The plain tiff had called on the defendants to deliver up the gopds, • but they had' refused ; and so anxious was .he to keep upthe.connexion with Gomes, to whom" the goodi .originally bQlonged, that the plaintiff made remittances to the Brazils to the amount of the hoodred .bags. The goods had been sold for t 6301. igs. 2d. Mr.-Gamtow, on the part of the defendants, con tended that they Were justified by the circumstances of the ease, in • doing w hat they had done. Every thing in the ship was. consigned to the house of Martens and. Co. except the 1 oe'bags. Gomes was a .Portuguese, a . cautious and suspicious man. He might wish , to serve the young man, but ho failed not to look to his own,interest. The goods had been consigned to the you , .ig man, it was true, but in such a way as to give others the power and coniroul over the goods cosisigited,-as'il he (Goines) were present. Genies executed .a power of attorney, directed to three 'several houses' in - London, with instru:_tions that that liouse should be the aitorniesiwho first et-. hi,bitecl the. publie,instrument, he, Goitres, ta k ing es pecial care at the same time; that it should first get Into the hands of Martens and Co. the defendants. BY that instrument Gotni.:s gave them , power to'' act despotically in every - thing that interested' his con cerns,7.---to,thOse-that got' the instrument to have a supreme will over the cargq, to alter and revoke as they pleased . ; to ppoceed in courts of law as they, should !Milk advisable; and 'o consent to all verdicts, given in favour of Gomes ; while, on the _contrary, they werelo, appeal kainst all those ver .dias which might :not be in his favour ; to have doubts and suspieions of all persons whatever, es• pecially of judges, and -all suspicious persons ; to make all impediments arid 'i)hstruaions that were not at variance with the-interest of Gorses; and in fart to do every tilting that, might in any way tend to the prosperity of all the concerns of Gouges, the Portuguese. ' Such being their power, they ciu,se to sell the goods: Lord ELLENBOROUGII, in summing up, observed, that the power of, attorney, which was of a more singular construction and form than any he had ever seen, appOinted one out of thiee houses named, to i manage his_aflairs n' Englin4, which ever might . first produce the instruments. • It got into the hands 'of the detenciant_s ; but Ole goods liavMg been Can- Signed to the plaintiff's house., they could not take the goods'out of his bands, _if he.had ekpen,dd any Money on the accb.mt of such one htmcir'ed bags, for that ki•onlc >F give hi m a lien On theproperty. hut the plaintiff had no lien, oa-t hem for any money lad dut, and the'detendants had, having enteredlt hem at the-Custom-house. If the plainbif had soy 'lien of the goods, there would be no, doeht%:as• to which way the verdid shoUkl go, because the plaintiff would' then - be 'entitled. There being -no.chatge, the defendonts were justified, by the law ; in _ atting jts •they had. The defendants hag acted lawfully, though not handsOinely. It was a very hard case on the plaintiff; but- he, (Lord Ellenborougli), knid not an iota of doubt on his mind . as . to the law of what he had 'said, and as to the legality •of the defendant's proceedings. - . • It afterwards appearing, in - consequence: of a ques tion.put to a clerk in , the plainiitf's• house, that 51. 'had beep paid for entering the goods at the Custom house, they having been entered before the defen dants took possession of diem, aftd•Vlio subsequently sold therfi, • • - Lord EtLENBORpTIGH said; that .faa altered the case . . - The plaintiff had a lien, it appeared; on the goods, and, s censequcmtly was entitled. to a ‘er , licf. The Jury rikw returned a verdia for the plaintiff for 51.- LONDON: Printed by ItICHA At the Sort -OFF . SHIP NEtIS. GR AV &SEND, AUGUST S . Arrived —t he• Jerbaly, from Surinam; and the G ter, Fees, front the Brazils. • Sailed —the Louisa, Falger, fur Bermuda ; and the NA U tii us, Walker, for'Granacia. BIRTH : On the morning of ►he 7th inst. at the house of Richar d Burough, Esq. in Upper Grosvenor -street, the Hon. 1410-, Brooks, ot her firth Daughter. MA#•'l4' Yesterday, at St. IN/ItY l s-Cht.trt7h, Cambridge, Mr. ior Smith, University Pri n t er , to M tss Susan 'i nd, eldest dduga ter of Robert Esq. Wine.inerchant, of the saute place,. At Finchley, Mr.. C. B. Jones, o f S t . J o h n ' s-street , r" Miss M. A, Verralls, of Eas-Enr:. Pint:1110. 'On Saturday last, at Micidlewich, in Cheshire; Nit.. Geoe Leigh. On the sth inst. at Bath. Major-Gencral Robert Rayr e ' of the Ben.t;al Establishment, in his •cith year. In the West _lndies, in the z4tl) ycar his.age Mr. lio.th Surgeon in the Royal N av y, 'an d son 01 Mr. William Gon/jF of Langton, near Blawitint.t. • • • • On the 3 tst ult. at Kew, Mrs. Sarah Isaacson, .ybunge' daughter of the late Anthony Isaacson, FA'. of fentun, i Northumberland. t'R ICI 0 ' lEST/ U' . A Bank Stock, 266) 267 - NaVy s per Cent 99 4 Irish s per Cent. - _ 4 per Cent. Bstii 3 per Cent. Red- 69 fi 3 per Cent. Cons. liank.L. Ann. t 8 9-16t11St RDAY. I mita S tock, India Ponds, 235. 245, pr. hxciteti. Pills, 35. Ss. ter (Thulium, I ►}.d►s. I inpeWit 3 per Cent. Cons. for 29 / tt Aug. 69 6g RI) HARRIS, or NO. 4. Martlett-coutt, liow-strett; and PC:blished by %WILLIAM A RMI GE It SCRIPPS, South Molton.street, Grcrsvenor square. ;cit., N., I t s,_Straod, wbere iietteriiseinents. Qrctrrr fOr the- Po k er, Letters for the Editor, &c. +post-paid), must b aJthessad, WItIGIiT V. ,PALMER. ivaq.an anion on a policy of insurance tole- Cover- from the underwriters. The ATTORNEY-GENERAL stated the. case, .from which it appeared that the policy of insurance in question was for the ship's voyage to and IrOtri the coast of Africa. The ship went to the coast of Africa, but her Captain (Hemmings) while there, Ooninniliced a very dissolute s ,, rt of life, living in a tulist extravagant manner, connecting himselt with one of the natke women, and ultimately brought his affairs to su,:h a pitch, that he was either asham ed or afraid of lacing his owners in London: - Hav ing remained on the coast so - long as he found it ei ther convenient or pleasurable, or till he . was roused to some sense of his situation, he then set sail for. oher climeS, changing the name of the ship to that of Loslilertos, and suosequently arrived at St. Tho mas's, where he becaMe rinite'a new man, in every sense of the word, making hitais'elf a complete Spa niard, changing his.name }is that-of Jcez De Main, assuming the Spanish dresS, mustachios, &c. as well as the Spanish religion !. Here DOn De Main, alias Capt. Hemmings, agreed fur the sale Of his ship, with some man, haying a. confounctfd long. Spanish name, Who for such purchase gave the Don Captain a bill drawn on some Don in Poi tugal, but who, on the bill being presented for acceptocei refused 'to put his name to it ! The pon Captain was able to get no redpess-, so that- he had lost hig ship, it being wrung from him by a' deeper knave than himself. Here then was a• knave without the fruits of his knavery. The next thing Don .Joez Db Main did was to write to his Owners in London, telling them 'were he was, and how, hardly he had been.used. .He toll theM that he left the coast of Africa, and Went to St. Thomas!s for their goad ; that the crew had . been so. mutinous 'as to ()bilge him to sell the ship, which he did for their good ; ua fact every thing he had done 'was' solely tor their gobd! But the Learned Gentleman said here arose the difficulty. He had no proofs to establish this cae of barratry on tic part of Captain Hemnungs, not being able to find one 'of the sailors, and the Captain's own letters could not be given in et idence. The Capfaitt had gone to America, and probably he would never be seen again in E4gland. Lord ELLENBOROOGH observed, that from what had been sated, it would be impossible to make taut the bat ratry, and to establish the action. The plaintiff was accordingly nonsuited. IRISH CHANCERY, JULY 24. W. KEATING, JOHN LALOR, AND JAMES HARVEY, ESQ)IS. AGAINST RICHARD SPARROW, OF CLONMEL, ONk: OF THE FRIENDS, &C. The decision in this cause has excited, much servation amongst the Irish Bar, and must produce serious consequences to'the 'landed r,:sident interest of Ireland. Mr. Keating., the principal plaintiff, has long pos sessed the valuable estate of Derryluskm, in the coun ty Tipptitrary, under the title of lives renewable for ever, at a low rent, and the small renewable fine Of i 51. u; o 9 the fall of each life. Mr. Sparrow, the defendant, has 'acquired the• . right to the head rents and several fines, and, upon the fall of one of the three lives, he demanded• the fine from Mr. licking. The latter, .not feeling that so small a sum was any object, and not .sus pecting that his.Jandlord spec u l a t e d u p on a for feiture, neglected to pay the tine.. Mr. Sparrofv, brought his Attorney, Mr. I. Labarte, to witness a demand made, and to Make a written minute of it—he then filed a bill, in Chancery, to. perpetuate. the evidence of this dernaml. The tenant, Mr. Keating, being at "length awakened to his danger, and desirous to retrieve his inattention. tendered the line with the usual ' interest, to Mr. Sparrow.— The latter nitAv refused to receive it—alleging that the life in question bad fallen.three years ago---that nine months had elapsed since the demand was made, that the tender is now too late—that he (Mr. Spar row) has acquired advantage over his tenant, in point of from, by the carelessness of the latter--and that he insists upon his strict right to have his 'tenant's interest henceforth cousideted as only a lease of two lives, instead of d perpetuity as heretofore it had been. Keating filed this 'bill against Mr. Sparrow, praying that Mr. Sparrow should accept the fine, and usual interest, insert a hew life, and permit his estate to be.preserved to hint. The estate had been settled several years ago, upon the occasion of Mr. Keoting's tuariiiige, whereby he was made tenant for life, with retwinder to the issue, re , tuainder to himself absolutely ; but Charged with a eerta;n jointure fur Mrs. Keating,' his wife, who is still living. For this reason, therefore, the trus tees of the. marriage settlement,. Messrs. Lalor and y,were necessarily- ina.!e ilainsiiri with :Vir KeaIIJ It was argued for the plaintiffs„that Mr. Spar row was bound in equity and honour to renew thi3 lease—that'nofraud could.be imputed to thetenaiit —nothing Eityand mere inattention and carelessness. It is the province" of Courts of Equity to relit;ve against .-lapse of ti'me,‘ and eSp ; :cially in cases of forfeiture--:hat here the amount at the fine was too insignificant to atford a piesumption against the tenant—nor can the landlord.complain of the v;ith holding the sum of 151. for a few 4.ionth s as a se rious injury, or -as warranting so rionous a pro ceeding. Estates of this deseription:haie always been highly' favoured and prote:led in Ireland. Great- properties are held by similarlenures, under , the Duke of Ormond, and other great proprietors. There, had existed. in the Irish Courts an; immerno ,- • vial local equity in favour, of 'such tenants, and for their•protettion against harshness: 'This equity has certainly discountenanced all captious and erat= ty objections to granting renewals' upon, etiuitablO terms, and treateyt the patties, as having originally contracted in substance fora perpeti , al' interest, al bound in conscience to ,act upon that principle, as foregoing all idea. of re-assumption, and as, having no subject of adjustment thereatier remaining, save the mere quantum of Occasional fines and interest. Even Lord LitTord, an English Chan cellor, was so impressed wish :" this hical equity, its solid foUndation, and the sound public_ policy of sustaining the tenant's right in a couniry crcum- Stanced as Ireland is, that he uniformly recognized and aced upon it to the fulle4 extent, as in Mtn—. ray v. Bateman, and'many o(het cases. That this attempt by Mr. SILT ow, if snccesstul, will throw much landed property'in - Ireland into -serious un 'ceriainty and hazard, and .c , insequently depreciate , tbe 'value ot. estates of this uatute, perbaps by tniit or two years rate orpurehase. • • ' : . , One ii;e only has dropped. \ ,Two stiirremain, awl yet the detenoant contends for 'as abiolute a tigtes tore by the unal:t,. anti as severe an indiction, as in the most traudalent, and wanton case that c .an be. devised. To prevent this injustice ; the present suit was deemed necessary, on the pait of Mr. Keating, as *ell as of his wife and -The defendant, Mr. Span - ow,. by his Conn:el, iii answer,. insisted upon the leiter of his coveliant, and stood upon his strict right. He admitted it to be a new case, and that no direct decision has hither to carried the doCtrine against. the Irish tenantry 5 0 : far, as .was sought in tln instaPce.—Howeker, tt 'was.tneved to the attempt from what felt front Lord Redesdale, in deciding the cause of Jai:l.:son V. Saunders, in 18. 4. In that case, his Lindship was .pleased to say, that if a case, circumstanced like the i,r.sent case, were to come before him, he would decide upon it against the tenant. Mr. Spar row therefore relied upon the authoritj , of hi; Lordship, ,as final and 'conclusive in the present ,case. Lord MANNERS recapitulated the several fa6l 4 alreidy , stated, adopted aft the arguments . ea Mr. Sparrow's - behalf, coincided to Lord Redes dale's notions upon tbe subject, and considerea the old Irish equity as entitleu to no eight in the case. He treated these c o v ena n ts as subjees of rigid construaion ; and, however harsh the nature or grounds of the landlord's condo& might be, yrt he would give him the full benefit of ffis tqiranl negl,4l or innattvntion, ‘yhetner or acct' dental.—He therefore -dismissed the bill in tot° , bath as to Mr. Keating and the trustees of to marriage settlement kb ) , which the intended provi sion for hi, wife. and children is defeated) ; b. , t, this is the first case reaching to so serious an 0:- rent, he declared that he would nut give -costs apiost Mr. Keating., • - Thus it valuable estate unexpeaedly . lalls into the hantls of Mi. Sparrow, ex, wait( upoit the fall -of the two . surviving lives, faCil zdvniue d in years. An appeal • was immediately lodged againt decree, The result will be looked tor with uu common anxiety. . A boy, now serving on board. the Centaur, ha` an exact likeness of his Majesty on the side of his r ue:R• It is said to have bt:en caused by his mo th e r, pregnant, repeatedly looking at an old pidure Majesty, which hung'in the room. Wednesday night, about ten o'cloCk, as a gentle man of Seven 'Oaks, Kenu; was pasiing through Red Lion-street, Vhitechapel, he was hustled and . knocked down by three pickpockets, who robbed him of his jewelled watch, gold chain, and seals. 41M to Za 411